United States Seventh Circuit

In a prisoner's action claiming excessive force, deprivation of access to medical care, and retaliation for exercising his constitutional rights, summary judgment for defendants is affirmed in part where: 1) plaintiff failed to show the widespread practice of the use of excessive force; and 2) the court properly denied additional discovery requests by defendant. However, the case is reversed and remanded in part where: 1) the two year statute of limitations did not apply to some of the claims since the period is tolled while a prisoner completes the administrative grievance process; 2) there was sufficient evidence to support a claim of excessive force and inadequate access to medical care; 3) plaintiff's state law claims were not barred by the one year statute of limitations since defendants failed to raise it as a defense; and 4) summary judgment on a retaliation claims was improperly granted since plaintiff had no notice that the adequacy of his evidence was being challenged.

Appellate Information

• Argued 03/31/2008
• Decided 05/14/2008
• Published 05/14/2008

Judges

• EVANS, Circuit Judge., Before KANNE, EVANS, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• W. Allen Woolley, Wildman, Harrold, Allen & Dixon, Colby Kingsbury (argued), Kirkland & Ellis, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• David L. LaPorte (argued), Querrey & Harrow, Chicago, IL, for Defendants-Appellees, Michael F. Sheahan, William Kampic, and Elliot Taylor, Jr., Alaster S. McGrath (argued), Chicago, IL, for Defendant-Appellee, Vincent E. Garrett., Daniel J. Gahlgren, Office of the Cook County State's Attorney, Chicago, IL, for Defendant-Appellee, Cook County Illinois.